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Our commercial lawyers specialise in court litigation. We deal with conflicts in business and will initially attempt to settle commercial disputes by agreement failing which we will not hesitate to issue legal proceedings in a court of law. We do not allow these matters to drag on and prefer to let a judge decide any contentious issues in early course. If you need urgent advice on a potentially litigious matter just call us on our helpline for instant free advice from a specialist company/commercial solicitor with absolutely no further obligation.

In order to understand what a business litigation solicitor actually does, it is important to understand what is meant by “litigation” which is the process of making a claim to a court for resolution of a dispute between two or more parties by a judge. A claimant will seek judgment in his or her favour against the defendant and the defendant will seek to rebuff those allegations and claim his legal costs for doing so. If the claimant wins the case an order may be made by the judge so that the claimant’s rights are upheld. It is common for a court order to be made awarding damages and legal costs to the claimant and another possibility is that an injunction will order the defendant to either do something or not do something.

There are three broad categories of litigation: private litigation, public law litigation and commercial litigation. Private litigation usually refers to disputes between two or more private individuals. Public law litigation refers to disputes involving the government or local authorities or other substantial public bodies. A business litigation solicitor will usually be called on to act for at least one of the parties in public law disputes or commercial disagreements.

Corporate legal action can involve a wide variety of disputes between two or more commercial organisations. These disputes can range from disagreements about financial transactions to breach of contract and injunctions. Disputes over financial transactions may involve payment for goods or services, tax anomalies, non-recovery of loans or conflicts with banks or creditors and also breach of contract claims which can include warranty claims or promises involving supply of goods. Corporate legal action frequently involves insurance claims and indemnity cases where a business does not feel that an insurance company has honored an agreement to indemnify against loss. Another very important category of corporate legal action involves infringement of intellectual property rights including copyright, patents, trademarks and design protection. In serious and urgent cases an ex-party injunction can be obtained by a corporate body with all parties eventually being represented at a full hearing at a later date.

Most of the work of a business litigation solicitor involves disputes between businesses however they also deal with internal company disputes between individuals who are usually directors of the company and partnership disputes between individuals. It is also common that shareholders may find incentive to pursue legal action against a business or its directors over unfair dividend policies or fraudulent/negligent business officers.

Our specialist solicitors are located across Australia and have the experience and resources necessary to assist you to litigate efficiently and successfully. Our lawyers can help if you or your business has suffered losses because of illicit use of your company name or brand name. Our lawyers offer free initial consultations and will provide you with advice about whether you have a case or not. You will be given clear, unequivocal advice about your chances of success and the anticipated value of your claim. If after talking to us you wish to proceed no further you will be under no obligation and you will not be charged anything for our initial consultation.